RESOLUTION NO. R

Transcription

1 RESOLUTION NO. R RESOLUTION APPROVING ZONING PETITION NO (B) SPECIAL EXCEPTION PETITION OF ROBERT M. AND BRUCE ORESKY WHEREAS, the Board of County Commissioners, as the governing body, pursuant to the authority vested in Chapter 163 and Chapter 125, Florida Statutes, is authorized and empowered to consider petitions relating to zoning; and WHEREAS, the notice and hearing requirements, as provided for in Chapter of the Palm Beach County Zoning Code, have been satisfied; and WHEREAS, Petition No (B) was presented to the Board of County Commissioners of Palm Beach County, sitting as the Zoning Authority, at its Public Hearing conducted on February 25, 1993; and WHEREAS, the Board of County Commissioners, sitting as the Zoning Authority, has considered the evidence and testimony presented by the applicant and other interested parties, and the recommendations of the various county review agencies and the recommendations of the Planning Commission; and WHEREAS, this approval is subject to the Zoning Code, Section (Mandatory Review of Development Approvals) and other provisions requiring that development commence in a timely manner; and WHEREAS, the Board of County Commissioners, sitting as the Zoning Authority, made the following findings of fact: 1. This proposal is consistent with the requirements of the Comprehensive Plan and local land development regulations. WHEREAS, Chapter of the Zoning Code, requires that the action of the Board of County Commissioners, sitting as the Zoning Authority, be adopted by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that Petition No (B), the petition of ROBERT M. AND BRUCE ORESKY, BY ROBERT A. BENTZ, AGENT, for a SPECIAL EXCEPTION TO AMEND AND EXPAND THE SITE PLAN FOR AN EXISTING AUTOMOTIVE REPAIR FACILITY AND VEHICLE SALES AND RENTAL SERVICE TO INCREASE LAND AREA on a parcel of land legally described in EXHIBIT A, attached hereto and made a part hereof, and generally located as indicated on a vicinity sketch attached as EXHIBIT B, attached hereto and made a part hereof, was approved on February 25, as advertised, subject to the conditions of approval described in EXHIBIT C, attached hereto and made a part hereof. Petition No (B) Page 1

2 Commissioner Newell moved for approval of the Resolution. The motion was seconded by Commissioner Foster being put to a vote, the vote was as follows: and, upon Mary McCarty, Chair Burt Aaronson Ken Foster Maude Ford Lee Karen T. Marcus Warren Newell Carol A. Roberts AY e Aye Aye AY e Absent Absent Absent The Chair thereupon declared the resolution was duly passed and adopted this 25th day of February, APPROVED AS TO FORM AND LEGAL SUFFICIENCY PALM BEACH COUNTY, FLORIDA'.,., BY ITS BOARD OF COUNTY-'" *..-.!Iv ; COMMISSIONERS :. * -e. * I.,. - Petition No (B) Page 2

3 EXHIBIT A LEGAL DESCRIPTION Petition No CB) Page 3

4 EXHIBIT B SKETCH Petition No (B) Page 4

5 EXHIBIT C A. ALL PETITIONS All previous conditions of approval applicable tc the subject property have been consolidated as contz.ined herein (i.e. in bold). The petitioner shall comply with all previous conditions of approval, including all original deadlines, unless expressly modified. (ZOllING/ MONITORING) Condition No. 1 of Resolution , Zoning Pet:.tion No (A), which currently states: The petitioner shall comply with all previous condi';ions of approval unless expressly modified herein. Is hereby deleted. [REASON: Conditions consolidated] 3. All conditions of approval for this site shall be complied with prior to June 30, 1993, unless otherwise specified. No administrative time extensions sha L1 be granted for non-compliance with any conditio:i of approval. (MONITORING/ZONING) 4. B. ACCESS The petitioner shall receive certification of the site plan approved by the Board of County Commissioner; for the subject property, as amended as required blr the conditions of approval on or before July 30, (MONITORING-Zoning) 1. Prior to Site Plan Certification, the petitioner shall record in the public records of Palm Beach Count? the access easement indicated on the Site Plan (Exhibit 55, Petition (B), in a manner and form acceptable to the County Attorney and Zoning. (ATTORNEY/ZONING) 2. Prior to Site Plan Certification, the petitioner shall record in the public records of Palm Beach County 2 five (5) foot limited access easement along the Entire property line along Perth Road, in a manner and form acceptable to the County Attorney, County Engineer and Zoning. (ATTORNEY/ENGINEERING/ZONING) 3. Ingress and Egress to and from Perth Road shall rot be permitted, unless determined necessary by the Depaxtment of Fire-Rescue. (ENGINEERING/ZONING) C. BUILDING AND SITE DESIGN 1. Use of the site shall be limited to 3,678 square fc!et of commercial sales, leasing and repair of new or used automobile, truck and customary accessory uses. (Previously Condition No. 4 of Resolution , Loning Petition No (A). (ZONING/BUILDING) Petition No (B) l'age 5

6 2. Condition No. 5, Resolution R-1638, Zoning Petitio:I ), which currently states: D. DUMPSTER 1. 2., E. ENGINEERING Petitioner shall honor the parking arrangement as shown on site plan submitted. Is hereby deleted. [REASON: Not necessary, site plan regulates packing arrangement. All parking and vehicular circulation areas shai.1 be paved. (Previously condition no. 7, Resolution R-1638, Zoning Petition ). (ENGINEERING/ZONING) Prior to Site Plan Certification, the site plan shall be amended to indicate compliance with all minimum property development regulations, land development requiremerlts of Palm Beach County and all conditions of approval. (ZONING) All areas or receptacles for the storage and disposal of trash, garbage or vegetation, such as dumpsters and trash compactors, shall not be located within twenty fivc (25) feet of the west property line; shall be confinld to areas designated on the site plan and shall be screened by a solid opaque enclosure. The open end o:t the enclosure shall have an obscuring, opaque gate. (BUILDING) All exterior sides of such enclosures, except the open end, shall be landscaped with thirty (30) inch high shrub and hedge material planted twenty-four (24) inches on center at installation. Alternative landscaping Tlay be permitted which is acceptable to the Zoning Division. This provision shall not apply to litter contiliners provided for the convenience of pedestrians. (BUII,DING/ ZONING) 1. The Developer shall provide discharge contro:. and treatment for the storm water runoff in accordancc! with all applicable agency requirements in effect at thla time of the permit application. However, at a minimum,, this development shall retain on site the storm water ::unoff generated by a three (3) year-one (1) hour storm irith a total rainfall of 3 inches as required by the :?ermit Section, Land Development Division. In the evenl; that the subject site abuts a Department of Transpor<;ation maintained roadway, concurrent approval from the FLorida Department of Transportation will also be required. The drainage system shall be maintained in an acce]?table condition as approved by the County Engineer. ::n the event that the drainage system is not adegaately maintained as determined by the County Engineer, this matter will be referred to the Code Enforcement Board for enforcement. (Previously Condition No. 17 of Resolution , Zoning Petition No (A). (ENGINEERI'?G) Petition No (B) Page 6

7 2. The Developer shall design the drainage system such that drainage from those areas which may contain hazardoils or undesirable waste shall be separate from storm lrater runoff from the remainder of the site. (Previously Condition No. 18 of Resolution , Zoning Pet:.tion No (A) (ENGINEERING) 3. The property owner shall pay a Fair Share Fee ir. the amount and manner required by the "Fair rihare Contribution for Road Improvements Ordinance vv as it presently exists or as it may from time to tine be amended. The Fair Share Fee for this project pres43ntly is $ (14 trips X $55.00 per trip). (Previmsly Condition No. 19 of Resolution , Zoning Petition No (A)(IMPACT FEE COORDINATOR) 4. Within ninety (90) days of Special Exception appr~val, petitioner shall convey to Palm Beach County sixty (60) feet from centerline for the ultimate right-of-war for Military Trail. (Previously condition no. 1, Resolution R-1638, Zoning Petition ). (MONITORING- ENGINEERING) 5. No direct access to Military Trail will be allowed. (Previously condition no. 2, Resolution R-1638, Zoning Petition ). (ENGINEERING) 6. Petitioner shall submit a comprehensive drainage zeport prior to Site Plan approval. (Previously conditic'n no. 3, Resolution R-1638, Zoning Petition ). (ENGINEERING) F. ENVIRONMENTAL RESOURCES MANAGEMENT 1. Secondary containment for stored Regulated Substimcesfuels, oils, solvents, or other hazardous chemici.1s is required. Department of Environmental Resources Management staff are willing to provide guidance on appropriate protective measures.(building/erm) G. HEALTH 1. Generation and disposal of hazardous effluent into sanitary sewerage system shall be prohibited,inless adequate pretreatment facilities approved by the Florida Department of Environmental Regulation (FDER) and Rgency responsible for sewage works are constructed and used by project tenants or owners generating such effluent. (Previously Condition No. 12 of Resolution , Zoning Petition No (A). (ERM) 2. Sewer service is available to the property. Therefcre, no septic tank shall be permitted on the site. (Previously Condition No. 13 of Resolution , Zoning Petition No (A). (HEALTH) 3. Water service is available to the property. Therefore, no well shall be permitted on the site to provide Eotable water. (Previously Condition No. 14 of Resolution , Zoning Petition No (A). (HEALTH) 4. The owner, occupant or tenant of the facility shall participate in an oil recycling program which insures proper re-use or disposal of waste oil. (Prer,iously Condition No. 15 of Resolution , Zoning Pctition No (A). (ERM) Petition No (B) Page 7

8 5. No portion of this project is to be approved on well and/or septic tank, existing or new. Existing sctptic tanks are to be abandoned in accordance with Chaptel: 10- D-6 F.A.C. (PrevPously Condition No. 16 of Resoltltion , Zoning Petition No (A). (BUILI)ING/ HEALTH/ Em) 6. Prior to March 31, 1993, the property must be connc:cted to public water and sewer service in accordance witl1 the conditions of approval and all applicable code requirements. No administrative time extension to this condition of approval shall be allowed. (HE,WTH/ MONITORING) H. IRRIGATION OUALITY WATER 1. When irrigation quality water is available withi] feet of the property, the petitioner shall connect t o the system subject to permitting and/or requirements o the Florida Department of Environmental Regulations a nd/or the South Florida Water Management District. The cost for connection shall be borne by the property 0 wner. (UTILITIES) I. LANDSCAPING - GENERAL 1. Prior to site plan certification, the petitioner shall revise the landscape tabular data on the site plan to reflect conformance to minimum Landscape Code requirements and all landscape conditions of approval. (ZONING) 2. All trees required to be planted on site by this apllroval shall meet the following minimum standard; at installation: a. Tree height: fourteen ( 14) feet. J. LANDSCAPING b. Trunk diameter: 3.5 inches measured 4.5 feet above grade. c. Canopy diameter: seven (7) feet. Diameter shall be determined by the average canopy radius at 3 points measured from the trunk to the outlxmost branch tip. Each radius shall measure at least 3.5 feet in length. (Zoning) 1. Condition No. 2 of Resolution , Zoning Petition No (A), which currently states: Prior to Site Plan Review Submittal, the site plan shall be amended to indicate: a. Upgraded landscaping along the east, south ard west property lines with trees a minimum twelvl? (12) feet high with a minimum six (6) foot spread, spaced thirty (30) feet on center, and a minimum thirty (30) inch hedge, spaced twenty-fou:: (24) inches on center. b. No bay door openings along the west side 3f the existing building. Is hereby amended to state: Prior to May 31, 1993, a revised site plan shall be submitted for certification by the Development Review Committee (DRC) indicating: Petition No (B) Page 8

9 a. Compliance with all landscape requirements of Section of the Zoning Code and all conditions of approval; b. location of access easement; c. limited access easement along Perth Road; d. required perimeter wall; e. location of all security lighting; and f. no bay door openings along the west side oe the existing building. (MONITORING-Zoning) 2. Condition no. 4, Resolution R-1638, Zoning Petiticn ), which currently states: All landscaping shall be installed as shown on the! site plan submitted prior to the issuance of a Certificrtte of Occupancy. Is hereby amended to state: All required landscaping and perimeter wall shall be installed prior to June 30, (MONITORING - Zoning) 3. Condition no. 8, Resolution R-1638, Zoning Petition ), which currently states: Petitioner must install a 6 ft. high masonry wall along the west property line. Is hereby amended to state: The property owner shall install an eight ( 8 ) foot high concrete wall along the entire west property line and the south property line of the northwest parcel. (ZONING) K. LANDSCAPING ALONG NORTH, EAST AND SOUTH PROPERTY LINES (ABUTTING RIGHTS-OF-WAY) 1. Landscaping within the required buffer along Military Trail, Sunny Lane and Perth Road shall be upgraled to include: L. LIGHTING a. One (1) native canopy tree planted every twenty (20) feet on center. b. One (1) native palm tree for each thirtlr (30) linear feet of frontage. A group of three cr more palm trees may supersede the requirement for a native canopy tree in that location. c. Thirty (30) inch high shrub or hedge mz terial spaced twenty-four (24) inches on center at installation. (ZONING) 1. Condition No. 10 of Resolution , Zoning Ptitition No (A), which currently states: Security lighting shall be low intensity and d:.rected away from surrounding residences through the use OE house side shields. Lighting fixtures shall not exceed twelve (12) feet in height. Is hereby amended to state: Petition No (B) Page 9

10 I.' Security lighting shall be low intensity and dirccted away from surrounding residences through the use of kouse side shields. Lighting fixtures shall not e>ceed eighteen (18) feet in height. (CODE ENFORCEMENT) 2. All outdoor lighting used to illuminate the premise:; and identification signs shall be of low intensity, shicllded and directed down and away from adjacent propertie$; and streets. (CODE ENFORCEMENT) 3. All outdoor lighting shall be extinguished no later than 1O:OO p.m. Security lighting only is excluded from this requirement. (CODE ENFORCEMENT) M. RECYCLE SOLID WASTE 1. The property owner shall participate in a recy,:ling program when available in the area. Material to be recycled shall include, but not be limited to, piper, plastic, metal and glass products. (SWA/CODE ENFORCE3ENT) N. SIGNS 1. No advertising flags, foreign flags, pennants, banners, streamers or balloons shall be permitted on site, No gimmicks or advertising designed to attract the public's attention off-site shall be displayed outdoors or upon any building, vehicle or wall, or other than inside a window as may be permitted by the Sign Code. Also, flashing signs, electronic message boards, etc, shall not be permitted on-site. (Previously Condition No. 11 of Resolution , Zoning Petition No (A). (CODE ENFORCEMENT) 2. Any new or replaced free standing point of purchase signs on site shall be limited to the maximum height and face area currently permitted for the adjacent property l:o the north (Brothers Trucking). (BUILDING) 3. No signs shall be permitted fronting on Perth Rcad or Sunny Lane. (BUILDING/ZONING) 0. UNITY OF CONTROL 1. Prior to site plan certification, petitioner shall ~~ecord in the public record a Unity of Control for the ontire subject property in a form acceptable to the c:ounty Attorney. (COUNTY ATTORNEY) P. USE LIMITATIONS 1. Condition NO. 3 of Resolution Zoning Pe-Lition No (A), which currently states: No outdoor speaker or public address systems whic:h are audible from the exterior of the development shrtll be permitted on site. Is hereby amended to state: No outdoor loudspeaker system shall be permitted. (CODE ENFORCEMENT) 2. No retail business activities shall be allowed on the site, including deliveries, prior to 6:OO a.n. nor continue later than 1O:OO p.m. (CODE ENFORCEMENT) Petition No (B) Fage 10

11 Q. VEHICLE SALES AND REPAIR 1. All refuse, and junk auto parts must be stored inside the building. (Previously Condition No. 6, Resolution R- 1638, Zoning Petition ). (CODE ENFORCEMENT) 2. No vehicles, other than for customer and employee parking, shall be stored or displayed on the site e:ccept those which are intended for sale and are in ruming condition. (Previously Condition No. 5 of Resolution , Zoning Petition No (A). (CODE ENFORCEdENT) 3. Condition No. 6 of Resolution , Zoning Petition No (A), which currently states: No vehicle shall be parked with its hood or trunk pen, nor elevated off the ground in any way. Vehicles shall not be parked in any right-of-way or driveway. Is hereby amended to state: No vehicle, nor any portion of any vehicle, sha L1 be elevated off the ground or above the roof of the vehicle in any way for display purposes. No vehicle shall be parked with its hood or trunk open for display purposes. Vehicles shall not be parked in any right of w<ky or driveway. (CODE ENFORCEMENT) 4. Vehicles shall not be tested off-site on residential streets. (Previously Condition No. 7 of Resoluticn , Zoning Petition No (A) 5. No outside storage of disassembled vehicles or parts thereof shall be permitted on site. (Previ ously Condition No. 8 of Resolution , Zoning Pet ition No (A). (CODE ENFORCEMENT) 6. Vehicle parking shall be limited to the parking areas designated on the approved site plan. No parking of vehicles is to be allowed in landscaped areas, rig t-ofway, or interior drives. (Previously Condition No 9 of Resolution , Zoning Petition No (A). (CODE ENFORCEMENT) Q. COMPLIANCE 1. As provided in the Palm Beach County Zoning Code, Sections and 402.6, failure to comply with z.ny of these conditions of approval at any time may resu3.t in: a. The denial or revocation of a building permil;; the issuance of a stop work order; the denial of a Certificate of Occupancy on any buildirg or structure; or the denial or revocation o any permit or approval for any developer-owner, commercial-owner, lessee, or user of the silbject property; and/or b. The revocation of the Special Exception and any zoning which was approved concurrently with the Special Exception as well as any previously g~:anted certifications of concurrency or exeml~tions therefrom; and/or c. A requirement of the development to confom with updated standards of development, applicable 'kt the time of the finding of non-compliance, or the addition or modification of conditions reascmably related to the failure to comply with ex.isting conditions. Petition No (B) P,ige 11

12 Appeals of any departmental-administrative ac.:ions hereunder may be taken to the Palm Beach County Boa::d of Adjustment or as otherwise provided in the Palm 13each County Zoning Code. Appeals of any revocation of Spcbcial Exception, Rezoning, or other actions based on a Board of County Commission decision, shall be by petition for writ of certiorari to the Fifteenth Judicial Circuit. (Previously Condition No. 20 of Resolution 90-:.297, Zoning Petition No (A). (MONITORING) Petition No (B) Pace 12